Documentary Stamp Tax Proceeds and Tax on Winnings Are Public Funds

August 23, 1985 BIR RULING NO. 136-85 19-00 000-00 136-85 Gentlemen : This refers to your letter dated May 24, 1985 requesting financial assistance by way of making you a beneficiary to the extent of 10% of the proceeds of documentary stamp tax as well as on the 10% tax on winnings from the Philippine Racing Club, Philippine Charity Sweepstakes, Philippine Jai-Alai Corporation and Manila Jockey Club, Inc., under and by virtue of Presidential Proclamation No. 2417 authorizing you to conduct a national fund raising campaign for the benefit of the physically handicapped. In reply, I regret to inform you that your request cannot be granted for lack of legal basis. All proceeds of documentary stamp tax and of the 10% tax on winnings from the aforementioned entities are public funds which cannot be disbursed or allocated, even on compassionate grounds, except in accordance with an appropriation made by law. cdta Very truly yours, (SGD.) RUBEN B. ANCHETA Acting Commissioner